On December 7, 2012, at around 23:40, the Defendant removed seven posters for the 18th presidential election, which were set up at the fence of the iron system by the election commission, under the influence of alcohol in front of Yeongdeungpo-gu Seoul Metropolitan Government on the street.

Accordingly, the Defendant damaged posters under the Public Official Election Act without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Witnesses D and E's respective legal statements;

1. Determination as to the defendant's assertion of on-site photographs

A. The Defendant’s assertion that the instant poster was removed by hand and damaged by putting the poster in his hand. However, the Defendant asserts to the effect that, inasmuch as he was unaware of the fact that the poster was damaged by taking the poster at the time of the above act of damage, or was damaged by waterway in the absence of body, the criminal intent is denied, and that, even if the criminal intent is recognized, the Defendant is not liable due to mental disorder, or is responsible only for mental and physical disability.

B. In light of the following circumstances, as to whether the Defendant was recognized as one offender or not, the prosecutor, the evidence presented by the defense counsel, and the Defendant’s statement, the Defendant’s intent to damage the election poster of this case is recognized. Thus, the Defendant’s assertion that the Defendant did not recognize that the above election poster was damaged, or that the above election poster was damaged as a result, is not accepted.

Although the defendant was found to have taken place at the time of the act of damaging the election poster of this case, the defendant, while taking rest at the police box at that time, returned home on his own after he had the time of realizing his state of taking away, and the police officer and the police officer prior to leaving a taxi together with the police officer, who gets a cab, and who was installed on the defendant's side, was punished by the police officer, and the election poster of this case, which was installed on the defendant's side, was removed by actively putting the above poster. This is also recognized.